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(영문) 수원지방법원여주지원 2019.05.14 2018가단54762
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

On February 2, 2018, the Plaintiff entered into a lease agreement with C Co., Ltd. (hereinafter “C”) to lease temporary materials (hereinafter “instant lease agreement”).

In addition, the Defendant, the principal office company, around that time, agreed to jointly and severally guarantee the obligation of the Plaintiff under the instant lease agreement between the Plaintiff and C.

However, the unpaid rent is KRW 51,820,486 and the value of the temporary materials destroyed until now reaches KRW 16,489,425.

Therefore, the Defendant, as a joint guarantor of the obligation under the instant lease agreement, is obligated to pay the Plaintiff the sum of the unpaid rent and the value of the destroyed temporary materials.

Judgment

First of all, the Defendant contracted the construction of steel reinforced concrete among the new construction of the building located in Dongdaemun-gu Seoul Metropolitan Government D, and C around February 2018, the fact that the Plaintiff leased the temporary materials necessary for the said steel reinforced concrete construction from the Plaintiff does not conflict between the parties or is recognized by the statement in Gap evidence 1.

However, it is not sufficient to recognize that the Defendant agreed to jointly and severally guarantee the obligation of the Plaintiff under the instant lease agreement with the Plaintiff solely based on the descriptions of the evidence Nos. 2, 4, 7, 8, 11, and 12, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim is without merit for further examination.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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